Encumbrances, etc. The Sellers shall deliver to the Buyers the Vessel free from all debts, encumbrances, mortgages and maritime liens. The Sellers hereby undertake to indemnify the Buyers against all claims of whatever nature made against the Vessel in respect of liabilities incurred prior to the time of delivery.
Encumbrances, etc. 1 The Lessee shall not create, approve or cause to exist any Encumbrances, Etc. on the Equipment, the Unit, the Components or any rights or interest to or in this Agreement except for: (a) the respective rights of the Lessor and the Lessee as set forth in this Agreement; (b) employees’, mechanics’, repairmen’s liens and other similar security interests which arise in the Lessee’s ordinary course of business, the payment for which is not due and the foreclosure of which on the relevant equipment is not imminent; and (c) the Encumbrances, Etc. arising from the rights of the Lessor, the Lenders, the Agent and their respective successors and permitted assigns under the Related Agreements (including the various types of loan and security agreements contemplated thereby).
Encumbrances, etc. Except as disclosed on Schedule 3.5: (a) there are no preemptive rights or other similar rights in respect of Shares, the Conversion Shares or any other Equity Interests in the Company, (b) except as imposed by applicable securities laws, there are no Encumbrances on, or other Contractual Obligations relating to, the ownership, transfer or voting of the Shares, the Conversion Shares or any other Equity Interests in the Company, or otherwise affecting the rights of any holder of the Equity Interests in the Company, (c) except for the Contemplated Transactions, there is no Contractual Obligation, or provision in the Organizational Documents of the Company which obligates it to purchase, redeem or otherwise acquire, or make any payment (including any dividend or distribution) in respect of, any Equity Interests in the Company and (d) there are no existing rights with respect to registration under the 1933 Act of any Equity Interests in the Company.
Encumbrances, etc. Except as disclosed on the attached Disclosure Schedule, there are no Encumbrances on, or other contractual obligations relating to, the ownership or transfer of any Acquired Asset.
Encumbrances, etc. Except as set forth on Schedule 2.2.5, there is no outstanding Contractual Obligation to which any Company is a party or by which it is bound obligating such Company to issue, deliver or sell, or cause to be issued, delivered or sold, Equity Securities of such Company. Except as set forth on Schedule 2.2.5, there are no outstanding obligations of any Company (contingent or otherwise) to repurchase, redeem or otherwise acquire any Equity Securities of such Company. Except as set forth on Schedule 2.2.5, there are no stock-appreciation rights, stock-based performance units, “phantom” equity rights or other Contractual Obligations (contingent or otherwise) pursuant to which any Person is or may be entitled to receive any payment or other value based on the revenues, earnings or financial performance or other attribute of any Company, the Business of the Companies or the assets of any Company or calculated in accordance therewith or to cause any Company to file a registration statement under the securities Laws of the United States, or which otherwise relate to the registration of any Equity Securities of the Companies. Except as set forth on Schedule 2.2.5, there are no voting trusts, proxies or other Contractual Obligations to which any Company or Owner is a party or by which any of them is bound with respect to the issuance, holding, acquisition, voting or disposition of any Equity Securities of such Company. Except for the Organizational Documents of each Company and as set forth on Schedule 2.2.5, there are no existing Contractual Obligations between any Company on the one hand, and any other Person, on the other hand, regarding any Equity Securities of any Company.
Encumbrances, etc. There are no outstanding Contractual Obligations to which the Company or any Company Subsidiary is a party or by which it is bound obligating the Company or any such Company Subsidiary to issue, deliver or sell, or cause to be issued, delivered or sold Equity Securities of the Company or any such Company Subsidiary. There are no outstanding obligations of the Company or any Company Subsidiary (contingent or otherwise) to repurchase, redeem or otherwise acquire any Shares or other Equity Securities of the Company or any Equity Securities of any Company Subsidiary. Except as set forth on Schedule 2.2.3, there are no stock-appreciation rights, equity-based performance units or shares, “phantom” stock rights or other Contractual Obligations (contingent or otherwise) pursuant to which any Person is or may be entitled to receive any payment or other value based on the revenues, earnings or financial performance or other attribute of the Company or any Company Subsidiary or the Business or the Assets or calculated in accordance therewith or to cause the Company or any Company Subsidiary to file a registration statement under the 1933 Act, or which otherwise relate to the registration of any securities of the Company or any Company Subsidiary. Except as set forth on Schedule 2.2.3, there are no voting trusts, proxies or other Contractual Obligations to which the Company, any Company Subsidiary or any Seller is a party or by which any of them is bound with respect to the issuance, holding, acquisition, voting or disposition of any Shares or other Equity Securities of the Company or any Equity Securities of any Company Subsidiary. There are no existing Contractual Obligations between any Seller on the one hand, and any other Person, on the other hand, regarding the Shares.
Encumbrances, etc. Except pursuant to the Second Amended and Restated Investor Rights Agreement dated as of May 1, 2009 and amended as of June 8, 2010 and August 10, 2010, among the Company and the other parties named therein: (a) there are no preemptive rights or other similar rights in respect of any Equity Interests in the Company, (b) except as imposed by applicable securities laws, there are no Encumbrances on, or other Contractual Obligations to which the Company is a party or, to the Company’s Knowledge any other Contractual Obligations, relating to, the ownership, transfer or voting of any Equity Interests in the Company, or otherwise affecting the rights of any holder of the Equity Interests in the Company, (c) except for the Contemplated Transactions, there is no Contractual Obligation, or provision in the Organizational Documents of the Company that obligates it to purchase, redeem or otherwise acquire, or make any payment (including any dividend or distribution) in respect of, any Equity Interests in the Company and (d) there are no existing rights with respect to registration under the 1933 Act of any Equity Interests in the Company.
Encumbrances, etc. The Shares shall be conveyed to the Buyer free and clear of all liens, encumbrances, conditions, and restrictions of any kind.
Encumbrances, etc. Except as set forth on Schedule 2.2(d), there are no outstanding Contractual Obligations to which the Company is a party or by which it is bound obligating the Company to issue, deliver or sell, or cause to be issued, delivered or sold Equity Securities of the Company, or otherwise with respect to the Equity Securities of the Company. There are no outstanding Contractual Obligations of the Company (contingent or otherwise) to repurchase, redeem or otherwise acquire any of the Shares or other Equity Securities of the Company or any other Person, or otherwise make any investment (in the form of equity, debt or otherwise) in any Person.
Encumbrances, etc. Except as disclosed on Schedule 3.5: (a) there are no preemptive rights or other similar rights in respect of any Equity Interests of the Company, (b) except as imposed by applicable securities laws, there are no Encumbrances on, or other Contractual Obligations relating to, the ownership, transfer or voting of any Equity Interests, or otherwise affecting the rights of any holder of the Equity Interests of the Company, (c) except for the Contemplated Transactions, there is no Contractual Obligation, or provision in the Organizational Documents of the Company which obligates it to purchase, redeem or otherwise acquire, or make any payment (including any dividend or distribution) in respect of, any Equity Interests of the Company and (d) there are no existing rights with respect to registration under the 1933 Act of any Equity Interests of the Company.
